S1077B1582A06801 MSP:NLH 04/28/14 #90 A06801
AMENDMENTS TO SENATE BILL NO. 1077
Sponsor: REPRESENTATIVE DAVIS
Printer's No. 1582
3, for commercial accounts and for restricted materials;
4providing for Statewide registry of scrap processors and
5recycling facilities and for duty to register and for
6criminal registry; and further providing for penalties.
13Section 2. Definitions.
17* * *
18"Railroad material." Railroad power and signal equipment,
19road or rail crossing signals, railroad track, railroad switch
20components, railroad spike, angle/joint bar as used in the
21jointing of railroad track, railroad anchors, railroad tie plate
22or bolt used in constructing a railroad.
23* * *
26Section 4. Commercial accounts.
27* * *
28(d) Financial transactions.--Once a commercial account has
29been established, if a financial transaction occurs between a
30scrap processor or recycling facility operator and a person
31delivering the scrap material, the scrap processor or recycling
32facility operator shall obtain the following before completing
3(3) The telephone number of the commercial account.
4(4) Confirmation that the person delivering the scrap
5material is authorized to receive a check or cash on behalf
6of the person or entity providing the scrap material. The
7confirmation shall consist of written, signed authorization
8from the owner or officer of the commercial enterprise
9stating that the person delivering the scrap material is
10designated to receive payment for the scrap material.
14Section 5. Restricted materials.
23(3) Commercial metal property.
27(5) Beer kegs.
28(6) Detached catalytic converters.
29(7) Railroad materials.
30Section 3. The act is amended by adding sections to read:
33The Pennsylvania State Police shall establish and maintain a
34Statewide registry of scrap processors and recycling facilities
35that register with the Pennsylvania State Police under section
366.2. The registry shall be posted on the Internet website of the
37Pennsylvania State Police and shall be accessible to law
39Section 6.2. Duty to register.
43(b) Method of registration.--A person shall register with
44the Pennsylvania State Police in writing or electronically via a
45secure Internet connection on a form provided by the
46Pennsylvania State Police. The application shall include the
48(1) For an individual applicant, all of the following:
3(iii) Business name, address and telephone number.
8(i) Name of each partner.
20(ii) Business name, address and telephone number.
23(4) For an out-of-State corporation, limited liability
24company or limited partnership, the name and address of the
25entity's resident agent or registered office provider within
26this Commonwealth and any registration number or license
27number issued to the entity by its home state or political
28subdivision of the other state, if applicable.
33(c) Reporting of multiple registrations.--An entity owning
34multiple scrap processing and recycling facilities must register
35individually for each physical address of a scrap processing and
37(d) Application fees.--
38(1) Each completed registration form for a scrap
39recycler or renewal of registration shall be accompanied by a
40fee of $100. After completion of the registration and payment
41of the fee, the Pennsylvania State Police shall issue, within
42seven business days, the scrap processing and recycling
43facility a registration certificate identifying the name of
44the applicant, scrap processing and recycling facility name
45and address and a registration number. The certificate shall
46be valid for a period of two years. Renewals shall be on a
7Section 4. Section 7 of the act is amended to read:
8Section 7. Penalties.
9[A] (a) Scrap processor and recycling facility operator
10penalties.--Except as provided under section 6.2(f), a scrap
11processor and recycling facility operator who violates this act
12commits a summary offense and shall, upon conviction, be
13sentenced to pay a fine of up to $2,500. A second or subsequent
14violation shall be classified as a misdemeanor of the third
16(b) Motor vehicle penalties.--Upon a conviction of an
17offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful
18taking or disposition) or 3925 (relating to receiving stolen
19property) that relates to the theft of scrap material or the
20transportation of stolen scrap material, the court may order the
21impoundment of any vehicle used in the act of theft of scrap
22material or the transportation of stolen scrap material. For the
23first offense, a vehicle may be impounded for at least 30 days,
24but not more than 60 days. For a second or subsequent offense
25involving the same motor vehicle, the vehicle may be impounded
26for at least 60 days and not more than 180 days. The person
27convicted shall be responsible for any fees associated with or
28related to the impoundment of the vehicle.
29Section 5. This act shall take effect in 60 days.